Cruz v Law Office of Cory J. Covert, P.C.
Motion No: 2014-03552
Slip Opinion No: 2014 NY Slip Op 71789(U)
Decided on May 9, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M173946

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-03552, 2014-03553, 2014-03554

John Cruz, appellant-respondent,

v Law Office of Cory J. Covert, P.C.,

respondent-appellant.

(Appeal No. 1)

John Cruz, appellant,

v Law Office of Cory J. Covert, P.C.,

respondent.

(Appeal Nos. 2, 3)

(Index No. 4802/09)

DECISION & ORDER ON MOTION

Motion by John Cruz to stay enforcement of three orders of the Supreme Court, Suffolk County, one dated January 28, 2014, and two dated January 29, 2014, and to stay the retrial of this action, pending hearing and determination of an appeal and cross appeal from the order dated January 28, 2014, and appeals from the orders dated January 29, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the retrial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeals are perfected on or before June 9, 2014, and the motion is otherwise denied; and it is further, ORDERED that in the event the appeals are not perfected on or before June 9, 2014, the Court, on its own motion, may vacate the stay, without further notice, or Law Office of Cory J. Covert, P.C., may move to vacate the stay, on three days notice.

SKELOS, J.P., DILLON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court